Arizona Agreement to Partition Real Property Between Children of Decedent

State:
Multi-State
Control #:
US-1190BG
Format:
Word; 
Rich Text
Instant download

Description

Partition is the division between two or more persons of real or personal property held by them in common ownership. The division can take place between joint tenants or tenants in common.
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FAQ

Arizona Partition Actions File in superior court in the county in which the property is located; Identify the names and residences of each of the known owners, Identify everyone? s known ownership interests and claims; and. Include a description of the property, and it's estimated value.

Answer: If you would like to force a judicial sale of the house, you can file a complaint in the superior court of the county in which the property is located. Arizona law provides a process in which an owner of property can request a division or sale of the property. This process is called a partition action.

In Arizona, joint accounts come with survivorship rights by default, meaning the surviving account holder(s) automatically inherit the deceased account holder's share unless specified otherwise.

In a partition lawsuit, there are generally four different steps. First, the court determines each party's ownership interests. Second, the court will decide on the manner of sale. Third, the court will order the property be sold.

12-1211 - Compelling partition; complaint. A. The owner or claimant of real property or any interest therein may compel a partition of the property between him and other owners or claimants by filing a complaint in the superior court of the county in which the property, or a portion thereof, is situated.

To begin the Quiet Title process in Arizona, the property owner or their attorney must file a lawsuit in the county where the property is located. The lawsuit must name all parties who have an interest in the property such as previous owners, mortgage holders, and any other parties who may have a claim to the property.

A California partition action happens when one co-owner of real property wants to sell but other co-owners do not want to sell their ownership rights. Partition means division. The opposing co-owners have the absolute right by law to divide the property and sell their portion with the legal remedy of ?Partition?.

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Arizona Agreement to Partition Real Property Between Children of Decedent